The Khyber Pakhtunkhwa Minimum Wages Act, 2013
What is this act about?
The KPK minimum wages Act is established under Khyber Pakhtunkhwa Act No, XII of 20I3. An Act to provide for the regulation of minimum rates of wages and various allowances for different categories of workers employed in certain industrial and commercial establishments. The Minimum Wage is the wage level (set by KPK Government) below which it is illegal for the employer to pay his/her employees.
Basic Terminologies Meaning
Wages: all remuneration, expressible in monetary terms, and payable to a person on fulfillment of the express or implied terms of employment.
Worker: Any person employed in any industrial establishment or commercial establishment to do any skilled or unskilled, intellectual, technical, clerical, manual or other work for hire or reward but does not include:
- A person employed by the Federal Government.
- Government persons employed in coal mines in respect of whom minimum wages may be fixed under the Coal Mines (Fixation of Rates of Wages) Ordinance, 1960.
- persons employed in agriculture.
Juvenile worker: A worker who is not an adult.
Unskilled worker: A person employed against a job or to perform duties which do not need any practical training or related theoretical instructions for attaining the laid down standards of skill and proficiency.
Establishment of Minimum Wages Board
After the commencement of this Act, Government shall establish a Minimum Wages Board for the Province consisting of the following, namely:
- Chairman of the board
- One Independent member
- One member to represent the employers of the Province
- One member to represent the workers of the Province
- One member to represent the employers connected with the industry concerned
- One member to represent the workers engaged in such industry
Minimum rates of wages for unskilled, skilled and Juvenile workers
The Board shall, upon a reference made to it by Government will review all the cost of livings and will set the minimum rates of wages for adult, skilled and unskilled workers and juvenile workers employed in industrial undertakings in the Province accordingly. Also, board shall indicate, whether the minimum rates of wages should be adopted uniformly throughout the Province or for specific regions in the province.
Minimum rates of wages for workers with respect to particular industries
The board will also specify the minimum wages for the workers of particular industry depending on the nature of work involved in the industry. The board will set minimum wages rates for piece of work, time work (Hourly daily, weekly, monthly), overtime work, work on the weekly day of rest and for paid holidays for particular industries.
Periodical review of minimum rates of wages
The Board shall review its recommendations, if any change in the economic conditions and cost of living and other relevant factors so demand, then they will make modification or revision of the minimum rates of wages declared under section 6.
Prohibition to pay wages at a rate below the minimum rate of wages
Any employer who give lower wages then the recommended minimum wages rate then according to the provisions of this section he/she shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty thousand rupees or with both.
Government may, appoint such persons of the Labour Department to be Inspector for the purposes that the minimum wages laws of this act are smoothly applied under his area of control.
Penalty for obstructing Inspectors
Whoever willfully obstructs an Inspector in the exercise of any powers under this Act shall be punishable with a fine which may extend to fifty thousand rupees but shall not be less than ten thousand rupees or with both.
Protection against discrimination
No discrimination shall be made on the basis of religion, political affiliation, sect, color, cast, creed, ethnic background in considering and disposing of issues relating to the enforcement of this Act.